Appeal Court frees Al-Mustapha

The Court of Appeal, sitting in Lagos, on Friday discharged and acquitted Major Hamza Al-Mustapha, who was sentenced to death over the conspiracy and murder of Alhaja Kudirat Abiola on June 4, 1996.

The News Agency of Nigeria (NAN) reports that Justice Mojisola Dada of a Lagos High Court had on January 30, 2012, sentenced Al-Mustapha and Lateef Shofolahan to death by hanging over the murder.

Al-Mustapha was the former Chief Security Officer to the late Gen. Sani Abacha, while Shofolahan was an aide to the late Kudirat.

Justice Rita Pemu, who read the lead judgment, said that the prosecution totally failed to establish the charge of conspiracy and murder against the appellants, including Shofolahan.

She said that it was foolhardy and unreasonable for the lower court to have so swiftly convicted the appellants, when it was very evident that the prosecution had a bad case.

Pemu held that there existed huge shadows of doubt in the case of the prosecution, which ought to be resolved in favour of the appellants.

“In a criminal trial, the burden of proof is beyond reasonable doubt and this is a chain that cannot be broken.

“The prosecution listed four witnesses PW 9, 10, 11 and 12 as witnesses, which it intended to call in the trial, but never called any of them.

“PW 1 (Dr. Ore Falomo) testified before the lower court that the bullet extracted from the forehead of the deceased, was white and of a special kind, but the prosecution failed to tender the bullet as an exhibit and this is fatal to their case.

“The prosecution also called PW 4 (Investigating Police officer) who investigated the death of the deceased, but this witness was never produced for cross-examination by the defence, as he never showed up in court.

“This renders the evidence of the police officer inconclusive as it denied the defendants their right to a fair hearing, and no reasonable court can safely make a conviction on such inconclusive testimony.

“PW 2 (Sgt. Rogers) and PW 3(Mohammedd Abdul) in their confessional statements to the police said they were enjoined by the first appellant, to murder kudirat, but this statement was later retracted by them in court.

“PW 2 and PW 3, in retracting their earlier statement to the police, told the court that they were cajoled by the prosecution to indict the appellant, with a promise to give them monetary compensation.

“This is a contradiction in the testimonies of the witnesses, it raises doubt in the case of the prosecution, and it is unimaginable that the lower court did not expunge this evidence.

“For an offence like murder, I wonder why the Nigerian police did not do a proper investigation.

“Jabila, who was initially arrested as a co-defendant, was later called a prosecution witness; witnesses who ought to be called were never called, the bullet extracted was never tendered before the court.

“Once there is doubt in the case of the prosecution, as in the instant case, it must be resolved in favour of the accused, and this doubt is accordingly resolved in favour of the appellants,’’ Pemu said.

According to her, it is clear that Kudirat was shot, but the question is: who pulled the trigger?

you dont punish a man for being loyal to the state. almustapha u are my hero.

FRIDAY

IT’S NOT TRIBER AFFAIR OK HE WAS JUST BEING WISH HUNT, WAT ABOUT SERGENT ROGERS

Onu

No better news as this one. Men who should be behind bars until date, held this guy captive unjustly. I can’t wait to see this guy become a loose canon on them political class. This guy has seen what I would say; no Nigerian living has seen. he knows more than we can imagine which is the reason why they would prefer him dead.

Justice it is at last. There are some people who would want him forever remain silent. Please Mustapha, don’t cow for them. Let loose that cannon some of us have forever patiently waited for all along. Give it to us blow-by-blow again: who killed Abacha, Abiola, Kudirat, Shehu Yaradua, etc. there are things we need to know.

CAUTION

JUSTICE DELAILED IS JUSTICE DENIED.

ladi akoh

The lord has vindicated you. Please go home and sin no more

weco

haba,!! why oh why?no justice done, somebody or some people are using this space created by ineficiency of this administration to cause anything questionable. God bless nigeria.

In the first instance Almustapha is acting on behalf of his CinC,but cowards like Abdulsalam,Babangida,Diya,Aliyu Gusau and obj will love to have him remain in jail,but the ever lasting Almighty Allah saved him from these wicked leaders.Almustapha you have one important job to do Nigerians is write yr memo and exposed those corrupt leaders for what they are.H M KANO

Haruna Shehu

A patient dog eat the largest share

emmanuelbfakorode

Al-Mustapha once said that those who killed Kudirat enjoy their freedom playing politic .We would have expected the Police to extract the names of these killers from Mustapha then but they opted to look sideway.Kudirat rest in peace ,the fight continues beyond horizon.At least ,Al-Mustapha paid for some of his other atrocities under Abacher.

olusegun

So, the table can turn? Wonderful!!! Reasonable judgement, even if he was truly a mastermind or conspirator, the process of proof for his guilt was never proven by the prosecutor. Why then did the court that sentenced him to hang not consider all these proofs? One could only wonder how many have died by such hasty and wicked process of unprovable guilt in Nigeria!

If all judges in Nigeria can be fair enough like this judge that relied on available evidences, Nigeria will have been better by now. I always believe that when the police and the judiciary got it right, the whole country will follow suit. I pray that God will give Al-Muspha and Sofola the courage to forgive all those that made them to suffer for offence they did not commit. For that person who pulled the triger against Kudirat, may God the judge of all judges deliver His judgement on him or her.

Max china

How can you sentence a man for hanging after more than 10 years in jail. Justice Mojisola Dada u got it wrong. Thank you appeal court for discharging and acquitting Almustapha. This is soldier that is loyal to his boss and his state. God will reward you many times.go home and see your family and well wishes

Ibrahim Muhammad

Alhamdulillaah. You have been vindicated at last. Those that want you dead by all means should bury their faces in shame.

Peter Dabara Gbagyi voice

God bless the judge.

bioku

al mustapha unless if u dont have hand in her death u wil not be punished by allah dats human judgement remain almighty judgement be expecting it coward u pple are praising him u dont know is like if dey catch sekahu tomorrow and he did not wit his hand, everybody know wat abacha,al mustapha,sergent roger did if not allah dat cut dere feather by taken oga life we know wat would av happen, am sorry for nigerians.

deeni

Alhamdulillahi. Am very happy 4 almustapha and his long waiting family. What a pitty! We looks forward to see almustapha contenting 4 president. Northern Candidate : Almustapha.

Olaitan

Hmnn!Nigeria,I hail thee.
I cannot blame the justice,afterall there is nothing anyone in that position can do in the absence of evidence,law deals with evidence bcos that is the heart of law,emotion has no place in doing justice.We all know the truth but we hide it looking for one on whose head we want to break coconut.I hope Hmnn!Nigeria,I hail thee.
I cannot blame the justice,afterall there is nothing anyone in that position can do in the absence of evidence,law deals with evidence bcos that is the heart of law,emotion has no place in doing justice.We all know the truth but we hide it looking for one on whose head we want to break coconut.I hope it is true that the wheel of justice grinds though slowly,it will definitely do.

Sani Audu

Alhamdulillah Gen. Almustapha been freed, welcome home

onuegbu ugonna

In the court of first instance (the High Court), the accused persons accused the court of being biased which led to the change of 2 or 3 judges in the proceedings at that level, and now, the statement of the Appeal Court seems to have given credence to that accuastion. As the Appeal Court rightly pointed out: the standard of proof in criminal trial is prove beyond reasonable doubt as against prove on the balance of probabilities required in civil matters. This is the effect of sections 135 &134 respectively, of the Evidence Act 2011. I am surprised like the Appeal court, why the High court judge convicted the accused persons when the prosecution failed to prove his case beyond reasonable doubt. For avoidance of doubt, it is important here to explain what ”reasonable doubt cum beyond reasonable doubt” means. In the case of ANI & ANOR V. THE STATE, Niki Tobi JSC (as he then was) explained that the expression ”beyond reasonable doubt” in evidence means fully satisfied, entirely convinced…Reasonable doubt which will justify acquittal is doubt based on reason and arising from evidence or lack of evidence, and it is doubt which a reasonable person might entertain and it is not fanciful doubt, is not imagined doubt. Reasonable doubt is such a doubt as would cause a prudent man to hesitate before acting in matters of important to him” this is one of the principles in our criminal & evidential jurisprudence that does not have an exception on the part of the prosecution, hence as the Appeal Court rightly pointed out; ”it is a chain that cannot be broken”. The rationale behind this principle as expressed by the English jurist; William Blackstone in the 1760s is that: ”it is better that ten guilty persons escape than that one innocent man suffers” Based on the specific instances of reasonable doubt pointed out by the Appeal Court, one may begin to imagine what on earth would have made the High Court judge to sentence the accused persons! However, lets wait and see what the Supreme Court have to say. (Onuegbu Ugonna is a final year law student of Imo State University, Owerri. 07030908988

benjamin kurudu

wonderful there is nothing Nigerian cannot do ,you can kill yet you can be set free but those who still goat and chiken are in jail,the law has no direction shame to those who interprite the constitution the are more dangerious than rubbers

Muhd Shafi’u

Praise be to Allah, a long awaiting status has come. Almustapha u are my hero

Isaac ugbor

Those that killed kudirat, know themselves never wanted her to be the first lady of great nation.GOD bless Nigeria

Miss Bankole

Justice indeed, what then happened to the judge that gave the first judgement, the human right should pick the matter, and do justice in that direction so that others in that character should learn a lesson from.

This man has served and save the nation meritoriously and deserve a better treatment and not punishment.

Hameed Afinowi

Almighty Allah is Great. Congratulations Al Mustapha. Allah will do justice to those who killed Kudirat and MKO.

Barakallah,its truly a blessed month,he was punished for 14 years for being loyal to the state,now Allah swt has decreed that it is his time to be free again,ha ha ha. Welcome come home strong man,welcome

labi

almustapha and sofolahan just exploited d loopholes in d evidence of d prosecution crew. The way of GOD is not the way of man.if they are remotely connected to kudi death they will not go unpunished if not here then thereafer.To d duo I leave u to ur conscience

PORTORPORTOR

POINT OF CORRECTION, NO AMOUNT OF SUFFERING CAN BE EQUATED TO DEATH. HE IS JUST A LUCKY FELLOW, THE “GAME” FAVORED HIM. YOU LOSE SOME AND WIN SOME! I WISH HIM HAPPY RE=UNION AND INTEGRATION!!

Tiv Tiger

Al-Mustapha, God has saved u 4 a purpose which is 2 unite Nigeria by ensuring dat justice & fair play are not thrown to the winds. You have been great when in prison, now that you are out, show yourself to be even greater: forgive the idiots who wanted u shamed & executed. You need to forgive them, so that your actions out of prison can be wise and responsible. This is because your actions now mean so much to the corporate existence of Nigeria. Welcome out of prison, dear brother-cum-hero, & may God help you to help Nigeria.

Garden-City Boy

As usual, awusa murderers melt into thin air. They have just stopped short of saying that Kudirat paid her assassins to spray her with hot lead for her to have an experience, isn’t it? Meanwhile, nobody is held accountable for the murder of CHIEF MKO. Perhaps we see it in terms of little evils. Such monumental evil as the IGBO GENOCIDE was swept under the carpet and the awusa murderers of 50,000 innocent citizens melting away into thin air.
Should it then be necessary to bother with just one MKO and another KUDIRAT? It is all in the bid to run a united one-Nigeria of traumatized and cowed zombies, and live in harmony with dangerous, barbaric awusa animals who, up until today, are so incorrigible they can’t even correctly say the word “NIGERIA”. WHO THEN MURDERED KUDIRAT.